D. Tort law Flashcards
What is meant by the “fault principle”?
The fault principle in legal contexts assigns liability based on demonstrated fault, mostly in tort law. To claim compensation, it requires showing that the defendant breached a duty of care, and causing harm.
Can the same set of facts be both a tort and a crime?
Yes, the same set of facts can be both a tort and a crime. This happens when an action
violates a civil duty and a criminal statute, such as assault, which can lead to both criminal
prosecution and civil litigation, allowing for punishment by the state and compensation for the victim.
What are the basic three elements of a tort?
The basic three elements of a tort are duty, breach, and causation. Duty is the legal
obligation owed by the defendant to the plaintiff. Breach is the violation of that duty.
Causation links the breach to the harm suffered by the plaintiff, establishing the basis for a
tort claim and enabling the plaintiff to seek compensation.
Define “duty”.
In legal terms, duty refers to the obligation to exercise reasonable care to avoid foreseeable
harm to others. In tort law, establishing duty is essential for proving negligence, as it
forms the basis for determining if the defendant´s breach of duty caused the plaintiff´s injury or loss.
What are the three general categories of torts?
The three general categories of torts are intentional torts, negligence, and strict liability.
Intentional torts involve intentional actions causing a harm, such as assault. Negligence is the
failure to exercise reasonable care, leading to unintentional harm. Strict liability imposes
responsibility without fault, often in inherently dangerous activities or with defective products,
where harm occurs regardless of care level.
Explain the tort of “defamation”?
The tort of defamation involves making false statements harming an individual´s or entity´s
reputation, encompassing libel (written) and slander (spoken). To prove defamation, the
plaintiff usually needs to demonstrate that false statements were communicated to a third
party, causing harm to their reputation and resulting in damages.
Is there a limit on liability in a tort case?
In tort law, liability limits can arise from statutory damage caps, comparative negligence, sovereign immunity, contractual agreements, or insurance limits.
What was the “Reynolds defence”?
The Reynolds defense, results from the case Reynolds v. Times Newspapers
from 1999, which shields media publishers in defamation cases if they can prove responsible
reporting in the public interest, even if later found inaccurate. Publishers must demonstrate
thorough research, presenting both sides of the story, and publishing in good faith. This defense enabling media to report on public matters without excessive fear of defamation lawsuits.
How did product liability develop as a common-law cause of action?
Product liability evolved from negligence to strict liability in response to the complexity of modern products. Initially relying on negligence, consumers had to prove a lack of reasonable care. Strict liability holds manufacturers or sellers accountable for defective products regardless of fault. Through judicial decisions and legislative actions, product liability law has expanded consumer rights.
What damages are available to the plaintiff if liability in tort is established?
If liability in tort is established, the plaintiff may be entitled to various types of damages to
compensate for their losses. Economic damages cover financial losses. Non-economic
damages, like punitive damages, are designed to punish the person who committed the tort.
What is strict liability?
Strict liability is a legal principle where a party is held responsible for harm caused by their
actions or products regardless of fault or intent. Unlike negligence, strict liability imposes
liability simply for engaging in certain activities or producing defective products that cause
harm.
